Candidate to pay thousands in costs after failed election petition over dead heat

Commenting on the High Court’s decision, Elizabeth Williams said costs were awarded against her "for technical errors" she made which saw her submit her petition a day late.

Williams lost out on winning Worcestershire County Council's Littletons Division in May this year after initially drawing with Green Party candidate Hannah Robson.

The pair both won 899 votes, leading the Deputy Returning Officer to pull a vote from a ballot box at random in order to decide who took the division.

The "coin toss" approach saw Robson's name pulled from the ballot box.

In her petition, Williams contended that, among other things, the process that decided the election "did not allow time for independent legal advice to be obtained when being pressured into accepting the process in principle".

She also complained that the draw was recorded and live-streamed.

Williams sought a range of declarations, including that Robson was not elected by a due process of law, "but by an equivalent of a 'toss of a coin' and therefore the election declaration be void", and that the secrecy of the ballot was compromised contrary to the Representation of the People Act 1983.

The High Court has since struck out the petition, following a hearing in July and a second hearing on 17 October, and ordered Williams to pay £19,000 in costs to Wychavon District Council, which ran the election on behalf of the county council.

She has also been ordered to pay costs for the county council and West Mercia Police.

Williams is now trying to raise £25,000 in total to pay the costs and legal fees associated with the case.

She said the costs were awarded against her "for technical errors" she made "in the absence of being able to access appropriate legal advice and support".

She said the case was thrown out after the council successfully argued it was submitted a day late.

Adam Carey